Patent Attorneys
Patents grant an inventor the right to exclude others
from producing or using the inventor's discovery or invention for a limited
period of time. U.S. patent laws were enacted by Congress under its Constitutional
grant of authority to protect the discoveries of inventors.
In order to be patented, an invention must be novel, useful, and not
of an obvious nature. Such "utility" patents are issued for
four general types of inventions/discoveries: machines, human made products,
compositions of matter, and processing methods. Changing technology has
led to an ever expanding understanding of what constitutes a human made
product. Specific additions to the Patent Act provide, in addition, for
design and plant patents.
Prior to a recent amendment prompted by the Agreement on Trade-Related
Aspects of Intellectual Property (TRIPS) accompanying the Uruguay Round
GATT, patents were normally issued for a non-renewable period of seventeen
years, measured from the date of issuance. Under the amended provision
(which took affect on June 8, 1995) the term will be twenty years measured
from the date of application.
Patent infringement cases arise under Federal Patent Law over which the
federal courts have exclusive jurisdiction. The Federal agency charged
with administering patent laws is the Patent and Trademark Office. Each
patent application for an alleged new invention is reviewed by an examiner
to determine if it is entitled to a patent. While historically a model
was required as a part of a patent application, in most cases today, only
a detailed specification is necessary.
If an application is rejected, the decision may be appealed to the Patents
Office's Board of Appeals, with further or alternative review available
from the United States Court of Appeals for the Federal Circuit, or in
the United States District Court for the District of Columbia.
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Fill out one simple form and get responses from Patent
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